Food Label Liability: Section 61 of the CPA Explained
Section 61 of the Consumer Protection Act 68 of 2008 makes you liable irrespective of negligence. How an R146 compliant label becomes your cheapest control.
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Consumer Protection Act (CPA) – Act 68 of 2008
The Consumer Protection Act, 2008 (Act No. 68 of 2008) is South Africa’s primary law governing consumer rights and business responsibilities. It was created to promote a fair, accessible, and sustainable marketplace by protecting consumers from unfair trade practices and ensuring that businesses operate transparently and ethically.
The CPA gives consumers a comprehensive set of rights, including:
Right to fair and honest dealing – protection against fraud, false statements, and unethical business behaviour.
Right to fair value, good quality and safety – ensuring products and services meet reasonable quality and performance standards.
Right to disclosure and information – businesses must provide clear, accurate, and understandable information.
Right to choose – including cooling-off periods and protection against forced sales.
Right to privacy – guarding against unwanted direct marketing.
Right to fair, just and reasonable terms and conditions – preventing unfair contract terms.
Right to fair marketing – protecting consumers from misleading advertising.
The Act is enforced by the National Consumer Commission (NCC) and aims to balance consumer protection with responsible business conduct across all sectors.
Section 61 of the Consumer Protection Act 68 of 2008 makes you liable irrespective of negligence. How an R146 compliant label becomes your cheapest control.
(Act No. 68 of 2008 ) This South African Regulation establishes the internal enforcement functions of the National Consumer Commission by formally withdrawing its previous Enforcement Guidelines